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dc.contributor.advisor Sayed, Hani
dc.contributor.author Shoaib, Mohamed Adel
dc.date.accessioned 2017-01-26T07:39:08Z
dc.date.available 2017-01-26T22:00:12Z
dc.date.created Fall 2016 en_US
dc.date.issued 2017-01-26
dc.identifier.uri http://dar.aucegypt.edu/handle/10526/5007
dc.description.abstract The ICSID has shifted the scope of investor-state disputes from domestic legal systems to international law realm. It assigns regulatory disputes between states and individuals to one-off private panels rather than public law courts. While investment treaty arbitration (ITA) combines the form and procedure of commercial arbitration, it performs under the substantive principles of public law. Since the ICSID does not set out the substantive rules governing investment disputes, investment treaty tribunals have constantly been the most dynamic zone of international investment law. Drawing on the ICSID neoliberal orientation, tribunals have interpreted and applied the substantive investment standards far beyond the consent of the treaty parties. They have largely intruded into domestic matters that lie within the host state sovereign authority. Moreover, they maintained a domestic normative scheme favourable to foreign investment that obviously exceeds international minimum standards of treatment. A minimal governmental regulatory action becomes an interference with the use of foreign private property that amounts to compensatory expropriation. The aim of this thesis is to reform investment treaty tribunals' law-making from within. Remoulding ITA as public law adjudication, this thesis sets out a comparative public law methodology for refining the content and scope of the open-ended standards for investment protection. It draws on the customary rules of the Vienna Convention on the Law of Treaties as a basis for interpreting investment treaty terms. This thesis seeks to reconceptualise the objectives of ITA under the ICSID legal framework. It emphasizes the correlation between investment protection and the host state's right to economic development. Further, it integrates rules on corporate social responsibility to equiponderate the host states' international responsibility vis-à-vis foreign investors. Finally, this thesis points out to the significance of incorporating general principles of law and judicial decisions as recognized sources of public international law into the practice of ITA. It argues that accommodating the principle of proportionality as a general principle of law in the tribunals' law-making process would help draw the line between investment protection and state regulation. en_US
dc.format.extent 105 p. en_US
dc.format.medium theses en_US
dc.language.iso en en_US
dc.rights Author retains all rights with regard to copyright. en
dc.subject ICSID Arbitrations en_US
dc.subject ICSID en_US
dc.subject Investment Disputes en_US
dc.subject Investment Treaty Arbitration (ITA) en_US
dc.subject Investor-State Arbitration en_US
dc.subject International Alternative Dispute Resolution en_US
dc.subject ADR en_US
dc.subject Legitimacy of Investment Arbitration en_US
dc.subject Legitimacy of ICSID en_US
dc.subject ITA en_US
dc.subject ISA en_US
dc.subject Developing States and Investment en_US
dc.subject Impact of Investment Arbitration on Developing Host States en_US
dc.subject Public Law and Investment Treaty Arbitration en_US
dc.subject Comparative Public Law and Investment Arbitration en_US
dc.subject Public-Private Nature of Investment Disputes en_US
dc.subject.lcsh Thesis (L.L.M.)--American University in Cairo en_US
dc.title A public law approach to investment treaty arbitration: Redressing the balance between investment protection and state regulation en_US
dc.type Text en_US
dc.subject.discipline International and Comparative Law en_US
dc.rights.access This item is available en_US
dc.contributor.department American University in Cairo. Dept. of Law en_US
dc.description.irb American University in Cairo Institutional Review Board approval is not necessary for this item, since the research is not concerned with living human beings or bodily tissue samples. en_US
dc.contributor.committeeMember Skouteris, Thomas
dc.contributor.committeeMember Beckett, Jason


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  • Theses and Dissertations [1863]
    This collection includes theses and dissertations authored by American University in Cairo graduate students.

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